Legal

OpenX Ad Exchange Demand Policies

Effective: January 13, 2017

These policies apply to our demand partners, meaning anyone who buys inventory on the OpenX Ad Exchange.  These policies don’t replace or alter your OpenX Ad Exchange agreement – they are in addition to those terms.  Use of the OpenX AdExchange requires your agreement to follow and abide by these guidelines and any guidelines or requirements specified in the user interface made available through the OpenX Ad Exchange.  If you do not agree to comply with such guidelines and requirements, you have no right to use the OpenX Ad Exchange.  OpenX may update these policies from time to time.

Prohibited Creatives and Related Content
You cannot use the OpenX Ad Exchange for ads that do any of the following (or link to any website or other online property that does any of the following):

  • Promote fireworks;
  • Promote electronic cigarettes or vaping devices;
  • Promote Salvia divinorum or Salvinorin A;
  • Contain nudity or suggestive content or images;
  • Promote adult products, including sex toys and sexual enhancers;
  • Promote online gambling (including daily fantasy sports in jurisdictions where daily fantasy sports is considered to be illegal online gambling);
  • Promote adult-themed dating, escort services, “mail-order brides,” or similar services;
  • Install spyware, trojans, viruses or other malware;
  • Incite hatred of any race, religion, creed, class or ethnic group, or of any individual or group;
  • Describe, depict, or glorify pain, suffering, torture, violence or death of or against humans or animals;
  • Sell or promote firearms, ammunition, bombs or other weapons, or related design materials, including handgun safety certificates and BB guns;
  • Sell or promote illegal drugs, drug paraphernalia, or ways to pass a drug test;
  • Promote P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement;
  • Infringe intellectual property rights;
  • Promote or contain libel or fraud;
  • Violate any applicable law, regulation, governmental rule or court order
  • Contain profanity;
  • Promote hacking, cracking, or warez;
  • Promote any other products, services, or content that are illegal, promote harmful activity, or infringe on the rights of others. This includes sites that provide “how-to” information on bomb-making, lock-picking, and similar topics;
  • Sell or promote tobacco, cigarette papers, or blunt wraps;
  • Are misleading or contain content that is not reflective of what the user will find on the clickthrough URL;
  • Employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser;
  • Contain audio that is triggered by anything other than a click (such as auto-play or rollover-initiated audio);
  • Contain annoying or distracting images, or excessive animation;
  • Initiate a download;
  • Automatically redirect the user to a new page or app;
  • Pop-up on a webpage, upon banner open, or upon page exit;
  • Expand beyond their original size;
  • Automatically refresh;
  • Mimic system errors or messages; and/or
  • Are unbranded.

Prohibited Creatives and Related Content for Minors
For properties that are directed to minors under the age of 18, in addition to the prohibitions listed above, you cannot use the OpenX Ad Exchange for ads that do any of the following (or link to any website or other online property that does any of the following):

  • Promote alcoholic beverages;
  • Promote lotteries, lottery games, or lottery tickets;
  • Promote spray paint;
  • Promote etching cream;
  • Promote tanning services utilizing ultraviolet light;
  • Promote dietary products containing ephedrine group alkaloids;
  • Promote body branding, piercing or tongue-splitting;
  • Promote permanent tattoos; and/or
  • Promote daily fantasy sports.

Preapproval Required
You can only use the OpenX Ad Exchange for ads that do any of the following (or link to any website or other online property that does any of the following) if you have prior written approval from OpenX (email sufficing):

  • Sell or promote products related to sexual health, including condoms and birth control devices; and/or
  • Promote or depict political or religious topics.

Other Restricted Creatives and Related Content
If you use the OpenX Ad Exchange for ads related to alcohol, fantasy sports, state lotteries, or gambling, you are responsible for complying with all applicable laws and industry guidelines, including those that impose requirements related to the audience receiving such ads, those that require any notices to users regarding the legality of such ads in certain jurisdictions, and any licensing or registration requirements with applicable authorities or industry groups.

SSL Compliance
SSL traffic can be identified in the bid request using the secure parameter (OpenRTB) or the ssl­_enabled (OpenX Proprietary API) parameter. If secure or ssl_enabled = 1, you must bid only if your ad and all accompanying elements, such as tracking pixels, are SSL-compliant. If you would like OpenX to drop your secure pixel on secure inventory, please provide your OpenX account manager with your secure pixel to drop.

Flash Support
Effective February 1, 2017, OpenX will no longer allow Flash display creatives in the OpenX Ad Exchange. We recommend that you continue to convert your display creative assets to HTML5, as any Flash display creatives will automatically be discarded and prevented from competing in our exchange.

Resale of Impressions
You may only purchase inventory for use directly by an advertiser (or direct agent of an advertiser) with which you have a direct relationship. Reselling, distributing or otherwise sub-syndicating inventory to another indirect sales channel (e.g., another ad network or trading desk) is prohibited.

Prohibited Profiling
Demand partners may create targeting profiles or segments based on the ads they show to users and user interaction with those ads as long as this is fully disclosed in your privacy policy and you follow all your legal and contractual obligations.  Your gathering and use of user data must strictly comply with the Children’s Online Privacy Protection Act.  In addition, demand partners may not create targeting profiles or segments on the basis that a user has visited a particular publisher or website, the OpenX Ad Exchange category(ies) that apply to the inventory, website or publisher, the content on the web page or website, or the general interest area(s) covered by the publisher.  Provided that you are in compliance with these policies, this doesn’t prohibit you from (a) targeting ads in real time on the basis of the inventory category(ies) shown in the OpenX Ad Exchange, as long as you don’t retain that information and/or include it in a targeting profile or segment, or (b) creating targeting profiles or segments on the basis of end users’ geolocation data.

You will comply with the applicable Digital Advertising Alliance (DAA) Self-Regulatory Principles published at www.aboutads.info and, as applicable, with the IAB Europe EU Framework for Online Behavioural Advertising and the EASA Best Practice Recommendation on Online Behavioral Advertising, which are administered by the European Interactive Digital Advertising Alliance and published at www.edaa.eu.

Video

  • Video demand must respect the requirements of the publisher (e.g., auto play, sound on/off, ad duration) as communicated in the bid request.
  • VAST video advertising can only be served into a publisher supported video player (in-banner video is not permitted).

Privacy Shield
You agree to apply the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce, located at https://privacyshield.gov/ (“Privacy Shield Principles”) to all data that OpenX transfers to you that originates from the European Economic Area or Switzerland when that information meets the definition of “personal data” in the Privacy Shield Principles (“EEA Data”). For clarity, you agree to (a) use EEA Data only for purposes consistent with the OpenX privacy policy (if you receive EEA Data as a “controller” as defined by the Privacy Shield Principles) or only for purposes specified by OpenX (if you receive EEA Data as a “processor” as defined by the Privacy Shield Principles); (b) notify OpenX upon your determination that you can no longer apply the Privacy Shield Principles to EEA Data; and (c) upon such determination, cease use of EEA Data or take other reasonable and appropriate steps to apply the Privacy Shield Principles to EEA Data.

Violations
At OpenX’s sole discretion, OpenX may assess a surcharge for any violation of these policies and/or immediately terminate your access to the Ad Exchange (in addition to any other legal or contractual remedies).  If OpenX assesses a surcharge, we will use our reasonable discretion to set the amount of the charge, taking into account the nature of the violation, the additional work and expense OpenX incurred in dealing with the violation, and the harm done to the OpenX Ad Exchange, OpenX’s reputation and/or to other OpenX clients.